(Japanese Note)

　Dhaka, September 19, 1994

　Sir,

　I have the honour to refer to the recent discussions held between the representatives of the Government of Japan and of the Government of the People's Republic of Bangladesh concerning Japanese economic cooperation to be extended in connection with the Food Aid Convention, 1986, and to propose on behalf of the Government of Japan the following arrangements:

1. The Government of Japan will extend to the Government of the People's Republic of Bangladesh, in accordance with the relevant laws and regulations of Japan, a grant up to eight hundred and fifty million yen (850,000,000)
(hereinafter referred to as "the Grant").

2. The Grant will be made available during the period between the date of coming into force of the present arrangements and March 31, 1995, unless the period is extended by mutual agreement between the authorities concerned of the two Governments.

3. (1) The Grant will be used by the Government of the People's Republic of Bangladesh properly and exclusively for the purchase of the wheat and services listed below:

(a) American wheat up to two hundred and six hundred and one million yen (601,000,000) F.O.B., and

(b) services up to two hundred and forty-nine million yen (249,000,000) necessary for the transportation of the wheat referred to in sub-paragraph (a) above from ports in the United States of America to ports in the people's Republic of Bangladesh.

(2) Notwithstanding the provisions of sub-paragraph

(1) above, when the two Governments deem it appropriate, a part of the amount referred to in (b) of the said sub-paragraph may be used for the additional purchase of the wheat and services necessary for the transportation thereof.

4. The Government of the People's Republic of Bangladesh or its designated authority will enter into contracts in Japanese yen with Japanese nationals for the purchase of the wheat and services referred to in paragraph 3. Such contracts shall be verified by the Government of Japan to be eligible for the Grant. (The term Japanese nationals whenever used in the present arrangements means Japanese physical persons or Japanese juridical persons controlled by Japanese physical persons.)

5. (1) The Government of Japan will execute the Grant by making payments in Japanese yen to cover the obligations incurred by the Government of the People's Republic of Bangladesh or its designated authority under the contracts verified in accordance with the provisions of paragraph 4 (hereinafter referred to as "the Verified Contracts") to an account to be opened in the name of the Government of the People's Republic of Bangladesh in an authorized foreign exchange bank of Japan designated by the Government of the people's Republic of Bangladesh or its designated authority (hereinafter referred to as "the Bank").

(2) The payments referred to in sub-paragraph (1) above will be made when payment requests are presented by the Bank to the Government of Japan under an authorization to pay issued by the Government of the People's Republic of Bangladesh or its designated authority.

(3) The sole purpose of the account referred to in sub-paragraph (1) above is to receive the payments in Japanese yen by the Government of Japan and to pay to the Japanese nationals who are parties to the Verified Contracts. The procedural details concerning the credit to and debit from the account will be agreed upon through consultation between the Bank and the Government of the People's Republic of Bangladesh or its designated authority.

6. (1) The Government of the People's Republic of Bangladesh will take necessary measures:

(a) to ensure prompt unloading and customs clearance at ports of disembarkation in the People's Republic of Bangladesh and prompt internal transportation therein of the wheat purchased under the Grant;

(b) to exempt Japanese nationals from customs duties, internal taxes and other fiscal levies which may be imposed in the People's Republic of Bangladesh with respect to the supply of the wheat and services under the Verified Contracts;

(c) to ensure that the wheat purchased under the Grant will make effective contribution to the stabilization and development of the Bangladesh economy; and

(d) to bear all the expenses, other than those to be borne by the Grant, necessary for the execution of the Grant including the transportation of the wheat referred to in (a) of sub-paragraph (1) of paragraph 3.

(2) With regard to the shipping and marina insurance of products purchased under the Grant, the Government of the People's Republic of Bangladesh will refrain from imposing any restrictions that may hinder fair and free competition among the shipping and marine insurance companies.

(3) The wheat purchased under the Grant shall not be re-exported from the People's Republic of Bangladesh.

7. (1) The Government of the People's Republic of Bangladesh will deposit in Bangladesh currency at least an amount equivalent to two-thirds of the yen disbursement paid with respect to the purchase of the wheat referred to in (a) of sub-paragraph (1) of paragraph 3 in an account to be opened in its name in the Bangladesh Bank. The deposit shall be made within the period of three years from the date of coming into force of the present arrangements, unless otherwise agreed between the authorities concerned of the two Governments.

(2) The currency thus deposited shall be utilized for economic and social development purposes, including food production, in the People's Republic of Bangladesh.

(3) The authorities concerned of the two Governments will consult with each other about the utilization of the currency deposited.

8. Further procedural details for the implementation of the present arrangements will be agreed upon through consultation between the authorities concerned of the two Governments.

9. The two Governments will consult with each other in respect of any matter that may arise from or in connection with the present arrangements.

　I have further the honour to propose that this Note and your Note in reply confirming on behalf of the Government of the People's Republic of Bangladesh the foregoing arrangements shall be regarded as constituting an agreement between the two Governments, which will enter into force on the date of Your reply.

　I avail myself of this opportunity to renew to you the assurance of my high consideration.

　(Signed) Shigeo Takenaka
Ambassador Extraordinary
and Plenipotentiary of Japan
to the People's Republic
of Bangladesh

　Dr. Saadat Husain
Additional Secretary
Economic Relations Division
Ministry of Finance
of the People's Republic
of Bangladesh

　(Bangladesh Note)

　Dhaka, September 19, 1994

　Excellency,

　I have the honour to acknowledge the receipt of Your Excellency's Note of today's date, which reads as follows:

　"(Japanese Note)"

　I have further the honour to confirm on behalf of the Government of the People's Republic of Bangladesh the foregoing arrangements and to agree that Your Excellency's Note and this Note shall be regarded as constituting an agreement between the two Governments, which will enter into force on the date of this reply.

　I avail myself of this opportunity to renew to Your Excellency the assurance of my highest consideration.

　(Signed) Saadat Husain
Additional Secretary
Economic Relations Division
Ministry of Finance
of the People's Republic
of Bangladesh

　His Excellency
Mr. Shigeo Takenaka
Ambassador Extraordinary
and Plenipotentiary of Japan
to the People's Republic
of Bangladesh